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(영문) 전주지방법원 2015.07.16 2015고단222

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:05 on January 19, 2015, the Defendant was injured in the course of causing a single traffic accident from the Jeonju District Court of the Jeonjin-gu Seoul Metropolitan City, Seojin-gu to the C Hospital located in the 119 emergency vehicle in the Jeonju-si B.

At around 22:39 the same day, the Defendant continued to be required to take a drinking test from E in the circumstances belonging to the Jeonak-gu Police Station D District Unit, which is the victim, while taking a bath, such as “Saeman, saute..” on the left side of the victim, spiting the course one time on the left side of the victim, and pushed the left shoulder.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

around 22:05 on January 19, 2015, the Defendant driven FCT 100 ambs in the section of about 2km near the wing-gu, Jinjin-gu, Jeonju-si to the street near the 6-1 ambi-gu, Jinjin-gu, Jeonju-si, with the alcohol concentration of 0.159% under the influence of alcohol.

Summary of Evidence

[2015 Highest 22]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Investigation report (suspect's telephone statement, recording of suspect's phone or personal file confession);

1. Each investigation report (eight-dimensional, 19 pages of evidentiary records);

1. A victim's photograph (2015 highest 407);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. An actual condition survey report, a traffic accident occurrence report, a report on the actual condition of a drinking driver, a report on the actual condition of a drinking driver, and a report on his actions;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of running a sound driving and the choice of imprisonment);

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the sum of the maximum term of two crimes) shall be double concurrent crimes with the punishment prescribed for the crime of obstruction of performance of official duties heavier than the punishment;